20081391 Ver 1_More Info Received_20081028

[Fwd: Revised PCN for Covil Gardens]20081391
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Subject: [Fwd: Revised PCN for Covil Gardens]20081391
From: Chad Coburn <[e-mail]>
Date: Tue, 28 Oct 2008 10:01:46 -0400
To: Bev Strickland <bev.strickland@ncmail. net>, Laurie Dennison <[e-mail]>
Subject: Revised PCN for Covil Gardens
From: Dana Lutheran <[e-mail]>
Date: Tue, 28 Oct 2008 07:00:08 -0700 (PDT)
To: Chad Coburn <[e-mail]>
CC: Kim Garvey <[e-mail]>
Chad,
As you requested, please find attached the revised pages of the PCN for Covil Gardens. You can disgcard pages 11 and 12, as
there were no revisions to those pages, but somehow, they ended up being printed and scanned.
Dana
SEGO
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, NC 28412
Phone: [phone]
Fax: [phone]
Mobile: [phone]
Chad Coburn <chad.coburn(a,ncmail.net>
Senior Environmental Specialist
NC Dept of Environment & Natural Resources
Division of Water Quality
Revised PCN for Covil Gardens Content-Type: message/rfc822
Content-Encoding: 7bit
Content-Description: 96507025-REVISED COVIL PCN PGS.pdf
REVISED COVIL PCN PGS.pdf Content-Type: application/pdf
Content-Encoding: base64
10/28/2008 9:59 AM
WE - 1 3 ck I
The upland area of the subject property is vegetated with Eupatorium capillifoligns,
Liquidambar stvraciflua. Duercus virginiana There was no evidence of hydrology
within 24 inches of the surface in the upland portion of the site
The wetland feature on this tract is vegetated with: Acer rubrun: 1Yyssa svlvatica var,
biflora, Juncusgjjq sis Tvnha angustifolia, Carex svp and Poftonum hydrQpinereides
Indicators of hydrology include drainage atterns in wetlands water stained leaves
and a prevalence of species with an indicator status that was wetter than facultative.
Saturated soil was found at 12 inches below the surface. The feature could be classified
as a bottomland hardwood depression This depression is connected by a man-made
ditch, to Burnt Mill Creek. The main functions of the feature are stormwater retention
and removal of pollutants and sediments from stormwater runoff.
The general land use in the vicini o the subject parcel is Mostly residential A large
portion of the land adjacent to the subject property remains undeveloped A few
commercial endeavors are scattered throughout the general region, but the main land
use appears to be mostly residential
10. Describe the overall project in detail, including the type of equipment to be used:
Heavy machinery such as a backhoe and bull dozer will be utilized to further grade the
landscape and construct the proposed buildings amenities and attendant features
11. Explain the purpose of the proposed work:
In order to construct the- proposed "apartment complex, amenities, and associate(
attendant features, approximately 0.05 acre (2,126.0 SF) of 404 jurisdictional' wetlands
will need to be filled. In addition, 0016 acre (1080.0 SF) of temporary impacts ari
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
USACE Jurisdictional Determination: SAW-2008-00519 (see Attachment 7)
DW Stormwater Permit: SW8 080317 see Attachment 12
NHC Sediment and Erosion Control Permit: Submitted and under review
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
Page 3 of 12
No future permits are anticipated
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
Provide a written description of the proposed impacts:
The permanent fill of 0.05 acre (2,126.0 5 of a bottomland hardwood depression is
proposed. The fill is needed to provide a stable building pad, parking stormwater
management stems, as well as provide adequate area for the proposed pool and
deck (see Attachment 2).
To ensure that no unauthorized disturbance occurs within jurisdictional wetlands
in areas that abut or are relatively adjacent to wetlands a construction buffer of 5'
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For
dams, separately list impacts due to both structure and flooding.
Wetland Impact
Type of Type of Wetland Located within Distance to Area of
Site Number
Impact
(e-g•= forested, marsh, 100-year Nearest Impact
(indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres)
es/no linear feet
1 Fill Bottomland hardwood NO NA 0
05
depression .
A Temporary Bottomland hardwood NO NA 0
014
depression .
B Temporary Bottomland hardwood NO NA 0
002
depression .
Total Wetland Impact (acres) 0,07
3. List the total acreage (estimated) of all existing wetlands on the property: 0.18 Ac.
Page 4 of 12
these areas will be restored to their pre-existingy. natural state. This will be
accomplished by removing any sediment that may have fallen into the area and then
seeding with an wetland seed mix
4. Individually list all intermittent and perennial stream impacts. Be sure to identify
temporary impacts. Stream impacts include, but are not limited to placement of fill or
culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement
walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream
relocation is proposed, plans and profiles showing the linear footprint for both the
original and relocated streams must be included. To calculate acreage, multiply length X
width, then divide by 43,560.
Stream Impact
Number
indicate on ma Strea
m
Name
Type of Impact
Perennial or Intermittent? Average
Stream Width
Before Impact Impact
Length
linear feet Area of
Impact
acres

Total Stream Impact (by length and acreage) NA
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds,
Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not
limited to fill, excavation, dredging. flooding- drainnan ht,llrhi nde pt,-
Open Water

Impact Name of
Type of Waterbody
Area of
Site Number Waterbody Type of Impact (lake, pond, estuary, sound, bay, Impact
indicate on ma (if applicable) ocean, etc.) (acres)

Total Open Water Impact (acres) NA
List the cumulative impact to all Waters of the U.S. resulting from the roiect:
Stream Impact acres : 0.0
Permanent Wetland Impact (acres): 0.05
Temporary Wetland Impact acres : 0.02
Open Water Impact acres : 0.0 <
Total Permanent Impact to Waters of the U.S. acres 0.05
Total Stream Impact linear feet):_ 0.0
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): O uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):- Excavation
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): Stormwater
Page 5 of 12
Draft Technical Guide for Stream Work in North Carolina (see DWQ website for most current
version.).
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Proposed Compensatory Mitigation:
1) Payment to NC EEP:
Pursuant to the Army Corps of Engineer's new rules regarding Compensatory
Mitigation for Losses of Aquatic Functions baseline information regarding the
impact sites, as well as the determination of credits, will be the only two of the
twelve components of mitigation discussed with regard to NC EEP•
The soils present in the proposed impact area is mapped by the New Hanover
County Soil Survey as Seagate fine sand (see Attachment 11) "Most of the acreage
is used for residential and industrial sites."'
According to NC EEP's website "EEP facilitates responsible economic development
across North Carolina by offsetting unavoidable damage to the environment EEP
manages the restoration and enhancement of streams and wetlands statewide in
Mel In-Lieu Fee program through which the state contracts with private sector
companies to perform the needed offsets" Payment to NC EEP, in an amount
sufficient to offset the proposed impacts will assist the Applicant in achieving the
"no net loss" of wetlands policy set forth by the Corps Pursuant to the
Memorandum of Understanding between the NC EEP la division of the NC DENM
and the USAGE, once payment is made to NC EEP they are then responsible for
the compensatory mitigation specified within the issued USACE permit, in this case.
compensation to adequately offset the loss of 0.05 acre of non-riparian wetland
Payment to NC EEP is offered at an a 2.1 ratio, for non riparian wetland impacts
(see Attachment 6). The main function provided by this system is the storage of
stormwater. Although it is presumed that mitigation will not take place within close
proximity to the impacted site the mitigation performed by the NC EEP is
anticipated to be successful Therefore SEGi feels that 0.10 acre of mitigation
through the NC EEP In-Lieu Fee Program will sufficiently replace lost aquatic
functions, which are anticipated to occur with the development of the subject parcel.
Page 7 of 12
The Applicant is proposing mitigation through two avenues: „(1) payment for 0.10
Temporal losses of the aquatic functions of the system will be avoided by the use of
on-site stormwater BMPs and sedimentation and erosion controls,
2) Preservation of Remaining On-site Wetlands:
In accordance with the Corps' new Co ensato Mitigation rules the twelve
components of mitigation will be discussed with regard to the proposed
preservation area:
The AnnHcnnt will hp nrwsarvincr tha rum-A- -f
Mill Creek which indirect drains to the Cape Fear River. Preservation will
protect the remaining on-site wetlands in er etui b using a ro riate
restrictions or covenants. These restrictions prohibit harmful activities that might
otherwise jeopardize the purpose and function of remaining wetlands These.
restrictions include: no filling: no grading, no construction of walkways roads etc;
no activities which may alter on-site drainage patterns,- and no alteration of
vegetation on the property.
Preservation of this land will ensure that hydrologic values water quality values,
and habitat values in the Cape Fear River basin remain The preservation easement
will be designed to ensure perpetual protection of the wetlands and will be binding
to the property (see Attachment 51_
• Site Selection: The preservation area will be located on the subject parcel Wetland
preservation will be beneficial to the feature because the preserved wetlands will
serve a multitude of beneficial purposes: filtration of pollutants from run-off.,
natural water uali improvements, and flood storage.
• Site Protection Instrument: Preservation will be accomplished by utilizing the
Model Declaration of Restrictions found on the Arm Co s of Engineer's website
and recording the document and „associated exhibit map with the New Hanover
County Register of Deeds (see Attachments 4 and 5) The Model Declarations are
enforceable by the United States Army.Co_rps of Engineers The site protection
instrument will run with the subject property and be binding„ on all _parties that
have, or shall have, any right, title, or interest in the property.
• Baseline Information: The area could be classified as a bottomland hardwood
depression. Historic photographs and soil surveys indicate the feature could have
been a substantial isolated wetland that was de gradated b ditc 'n and fill
associated with urban development. Today the feature provides flood storage of
residential stormwater runoff.
The soils resent in the ro osed impact area are mapped b the New Hanover
Coun , Soil Survey as Seagate fine sand
Indicators of hydrology include inundation and a revalence of s ecies with an
indicator status that was wetter than facultative. Saturated soil was found at 12
inches below the surface.
Page 8 of 12
The feature can provide valuable wildlife habitat The variety of plants found there
provide good cover and fruit- and nut-bearing plants for some songbirds and
mammals such as raccoons rabbits opossums, deer and gray squirrels Ponding
water is valuable for adults and larvae of amphibians However, the feature may
be too d dbrin certain times of the ear, to support their existence.
in New Hanover County. The PIN associated with these properties are
R01800-002-004-002 R04519-001-0014-000 R04914-002-025-001 R04917-004-009-0004
R04917-004-010-000, and R05707-002-034-000 However, these properties have been
developed and show no visible wetlands to offer as additional preservation Thus
the preservation ratio was determined and limited by -the amount of remaining
wetlands on-site.
• Mitigation Work Plan: The boundaries of the preservation area were determined
by contracting a surveyor to obtain the metes and bounds of all remaining _on-site
wetlands. As the Applicant is offering preservation not restoration enhancement
or creation, the remaining information requested in this section is not applicable to
the mitigation offer proposed for this project
• Maintenance Plan: A maintenance plan is not required for preservation as, the
model declaration of restrictions to be recorded in the New Hanover County
Register of Deeds, will ensure the wetlands remain in their natural conditiott
• Performance Standards: The performance standards have been included in the
model declaration of restrictions. Adherence to the restrictions, covenants and
conditions within the model declaration of restrictions will ensure the compensatory
mitt ation area is achievin its ob'ectives.
• Monitoring Requirements: Visual inspection of the preservation area will be
sufficient to determine if the components of the model declaration of restrictions are
being adhered to. The model declarations allow for the "Corp_s,, its employees and
a ents and its successors and assigns. to have the ri ht with reasonable notice to
enter the Property at reasonable times for the purpose of inspecting the Property to
determine whether the Declarant Declarant's representatives or assigns are
complying with the terms conditions and restrictions of this Conservation
Declaration". Thus, the Corps has the right to enter the prope and perform a
compliance inspection on the preservation area
Long-term Management Plan: The recordation of the model declarations of
restrictions will serve as the long,-term management plan According to the model
declarations "This Declaration is intended to ensure continued compliance with the
mitigation conditions of authorizations issued by the United States of America, US
Arm Cor s of Engineers, Wilmington District and therefore may be enforced b
the United States of America. This covenant is to run with the land and shall be
binding on all parties and persons claiming under the Declarant"
Page 9 of 12
Adaptive Management Plan: An adaptive management plan should not be
necessary for the proposed preservation area The Applicant anticipates the
preservation area will succeed, as the methods of protection put into place namely
recordation of the model declaration of restrictions will ensure perpetual
reservation of the remaining on-site wetlands. However, the A licant cannot
guarantee the survival of the resource Therefore. should the resource's functions
or values be negatively altered due to natural or man-made events outside the
Applicant's control, remediation will not be offered
• Financial Assurances: Financial assurances should not be necessary for the
proposed reservation area. The reservation mechanism recorded with the New
Hanover County Register of Deeds should provide a high level of confidence that
the mitigation area will be preserved in perpetuity.
In Suua ed with the set thment U5 acre of the of 'impacts to 404 jurisdictional wetlands
develop properly, the Applicant is proposing to make
payment to the NC EEP In-Lieu Fee Program for 010 acre of non riparian
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://www.nceeT).net/T)aLes/inlieurei)lace.htin. If use of the NCEEP is proposed,
please check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): 0.0
Amount of buffer mitigation requested (square feet): 0.0
Amount of Riparian wetland mitigation requested (acres): 0.0
Amount of Non-riparian wetland mitigation requested (acres): 0.10
Amount of Coastal wetland mitigation requested (acres): 0.0
1. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
Page 10 of 12
Preservation Language and accompanjing Exhibit Map)
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
IX. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No ?x
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Required
I I Zone* Impact
/cnnara fnoA MultiPlier
3 (2 for Catawba)
1.5
Total
NA
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channe).; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
X. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
The proposed development is intended to be high density.
Existing Impervious Area; 0.02 ac f 1,050.0 SF)
Total Area of Site: 2.22 ac ( 96.703.2 SFn
Proposed Impervious Area: 1.17 ac ( 50,760.0 SF)
Impervious Area: 520
Page 11 of 12
M. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Sewer will be provided at the municipal level.
II. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No O
Is this an after-the-fact permit application? Yes O No 0
XII. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes O No n
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
h"://h2o.enr..state,nc.us/ncwetlands. If no, please provide a short narrative description:
The. proposed development is not anticipated to result in future impacts which could
impact nearby downstream water quality This is an independent development, not
associated with any other development Implementation of an approved sedimentation and
erosion control plan and stormwater mechanisms will control otential impacts to ad'acent
and downstream iurisdictional features
XIII. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12